Regulation Adapting the Canada Elections Act for the Purposes of a Referendum
Part 19
ENFORCEMENT
Peace and Good Order at Referendums
Duty to maintain order
479. (1) Every returning officer is responsible
for maintaining order in his or her office during
voting in accordance with Division 4 of Part 11.
Duty of other referendum officers
(2) Every deputy returning officer, central
poll supervisor and person appointed under
paragraph 124(1)(b) is responsible for maintaining
order during voting hours at any place
where voting takes place in accordance with
Part 9 or 10.
Order to leave, arrest without warrant
(3) In performing his or her duty under subsection
(1) or (2), a referendum officer may, if a
person is committing, in the returning officer's
office or other place where the vote is taking
place, an offence referred to in paragraph 5(a),
section 7 or paragraph 167(1)(a) of this Act or
an offence under the Referendum Act or any
other Act of Parliament that threatens the maintenance of order, or if the officer believes on
reasonable grounds that a person has committed
such an offence in such a place, order the
person to leave the office or place or arrest the
person without warrant.
Order must
be obeyed
(4) Every person in respect of whom an order
is made to leave an office or place must obey it
without delay.
Power to eject
(5) If an order to leave an office or place is
not obeyed without delay, the person who made
it may use such force as is reasonably necessary
to eject the person in respect of whom the order
was made from the office or place.
After arrest
(6) The officer, supervisor or appointed person
who arrests a person under subsection (3)
shall without delay
(a) advise the person of the right to be represented
by counsel and give the person an
opportunity to obtain counsel; and
(b) deliver the person to a peace officer to be
dealt with in accordance with the Criminal Code.
Removal of
materials
(7) Where a returning officer, deputy returning
officer, central poll supervisor or person
appointed under paragraph 124(1)(b) believes
on reasonable grounds that a person has contravened
paragraph 166(1)(a) or (b), the officer,
supervisor or appointed person may cause to be
removed from, in the case of a returning officer,
his or her office or, in the case of a deputy
returning officer, central poll supervisor or
appointed person, the polling station, any material
that they believe on reasonable grounds was
used in contravention of that paragraph.
Peace officer
protection
(8) Every referendum officer has, while performing
their duties under this section, all the
protection that a peace officer has by law.
Offences
General Provisions
Obstruction, etc., of referendum process
480. (1) Every person is guilty of an offence
who, with the intention of delaying or obstructing
the referendum process, contravenes the
Referendum Act, otherwise than by committing
an offence under subsection (2) or section 481
or 482 or contravening a provision referred to
in any of sections 483, 484, 487 to 495, 498
and 499.
Public meetings
(2) Every person is guilty of an offence who,
at any time between the issue of a writ and the
day after polling day at the referendum, acts, incites others to act or conspires to act in a disorderly
manner with the intention of preventing
the transaction of the business of a public meeting
called for the purposes of the referendum.
Offering bribe
481. (1) Every person is guilty of an offence
who, during a referendum period, directly or
indirectly offers a bribe to influence an elector
to vote or refrain from voting or to vote or
refrain from voting for a particular answer to a
referendum question.
Accepting bribe
(2) Every elector is guilty of an offence who,
during a referendum period, accepts or agrees
to accept a bribe that is offered in the circumstances
described in subsection (1).
Intimidation, etc.
482. Every person is guilty of an offence who
(a) by intimidation or duress, compels a person
to vote or refrain from voting or to vote
or refrain from voting for a particular answer
to a referendum question; or
(b) by any pretence or contrivance, including
by representing that the ballot or the manner
of voting at a referendum is not secret,
induces a person to vote or refrain from voting
or to vote or refrain from voting for a particular
answer to a referendum question.
Offences under Part 1 (Referendum Rights)
Offences requiring intent — dual procedure
483. Every person is guilty of an offence who
contravenes
(a) paragraph 5(a) (voting when not qualified or entitled) or 5(b) (inducing a person not
qualified or entitled to vote, to vote); or
(b) section 7 (voting more than once).
Offences under Part 3 (Referendum Officers)
Strict liability offences — summary conviction
484. (1) Every former referendum officer
who contravenes paragraph 43(c) (failure to
return referendum documents and referendum
materials) is guilty of an offence.
Offences requiring intent — summary conviction
(2) Every person is guilty of an offence who
(a) being a returning officer, wilfully contravenes
subsection 24(3) (failure to take promptly any necessary referendum proceedings); or
(b) contravenes subsection 43.1(1) (refusal to
give access to building or gated community).
Offences requiring intent — dual procedure
(3) Every person is guilty of an offence who
(a) contravenes subsection 22(6) (acting as
referendum officer knowing requirements not
met);
(b) knowingly contravenes subsection 23(2)
(communication of information for unauthorized
purpose);
(c) not applicable;
(d) being a returning officer or assistant
returning officer, wilfully contravenes section
31 (acting in another capacity);
(e) contravenes paragraph 43(a) (obstruction
of referendum officer) or wilfully contravenes
paragraph 43(b) (impersonation of revising
agent); or
(f) being a former referendum officer, wilfully
contravenes paragraph 43(c) (failure to return referendum documents and referendum materials).
Offences under Part 4 (Register of Electors)
485. Not applicable.
Offences under Part 6 (Candidates)
486. Not applicable.
Offences under Part 7 (Revision of List of Electors)
Offences requiring intent — summary conviction
487. (1) Every person is guilty of an offence
who contravenes
(a) paragraph 111(b) or (c) (applying improperly
to be included on list of electors); or
(b) paragraph 111(f) (unauthorized use of
personal information contained in list of electors).
Offences requiring intent — dual procedure
(2) Every person who contravenes paragraph
111(a), (d) or (e) (forbidden acts re list of electors) is guilty of an offence.
Offences under Part 8 (Preparation for the Vote)
Offences requiring intent — summary conviction
488. (1) Every person who contravenes paragraph
126(b) (unauthorized printing of ballots)
is guilty of an offence.
Offences requiring intent — dual procedure
(2) Every person is guilty of an offence who
(a) being a printer who is authorized to print
ballots, wilfully contravenes subsection
116(5) (failure to return ballots or unused
ballot paper); or
(b) contravenes paragraph 126(a) (forgery of
ballot), 126(c) (knowingly printing extra ballot
papers), 126(d) (printing of ballot with intent
to influence vote) or 126(e) (manufacture, etc.,
of ballot box with secret compartment).
Offences under Part 9 (Voting)
Strict liability offences — summary conviction
489. (1) Every person is guilty of an offence
who contravenes
(a) being an employer, subsection 132(1) (failure to allow time to vote) or 133(1) (making deductions from employees' wages for time given to vote);
(b) section 165 (prohibited use of loudspeaker);
or
(c) paragraph 166(1)(b) (wearing of emblems,
etc., in polling station).
Offences requiring intent — summary conviction
(2) Every person is guilty of an offence who
(a) contravenes subsection 143(5) (vouching
for more than one elector);
(a.1) contravenes subsection 143(6) (vouchee
acting as voucher);
(a.2) contravenes subsection 155(2) (assisting
as a friend more than one elector);
(a.3) contravenes subsection 161(6) (vouching
for more than one elector);
(a.4) contravenes subsection 161(7) (vouchee
acting as voucher);
(b) being an elector, contravenes subsection
164(2) (failure to maintain secrecy);
(c) contravenes paragraph 166(1)(a) (display
of referendum literature in polling place);
(d) contravenes subsection 169(5) (vouching
for more than one elector); or
(e) contravenes subsection 169(6) (vouchee
acting as voucher).
Offences requiring intent — dual procedure
(3) Every person is guilty of an offence who
(a) being an employer, contravenes section
134 (preventing employee from using voting
time);
(b) being a friend or relative of an elector,
wilfully contravenes subsection 155(4) (disclosing
for which answer to a referendum question the elector voted);
(c) being a referendum officer, an agent of
a registered referendum committee or a witness, contravenes subsection 164(1) (failure
to maintain secrecy);
(d) contravenes paragraph 166(1)(c) (influencing vote in polling station);
(e) contravenes any of paragraphs 167(1)(a)
to (d) (prohibited acts re ballots) or 167(2)(a)
to (d) (prohibited acts re ballots or ballot box with intent to influence vote);
(f) being a deputy returning officer, contravenes
paragraph 167(3)(a) (initialling ballot with intent to influence vote); or
(g) being a deputy returning officer, contravenes
paragraph 167(3)(b) (placing identifying mark on ballot).
Offences under Part 10 (Advance Polling)
Offences requiring intent — dual procedure
490. Every person is guilty of an offence who
(a) being a deputy returning officer, wilfully
contravenes subsection 174(1) (failure to permit
person to vote);
(b) being a poll clerk, wilfully contravenes
subsection 174(2) (failure to record vote); or
(c) being a deputy returning officer, contravenes
section 175 (improper handling of ballot box and ballots at advance poll), being a returning officer, contravenes subsection 176(2) or (3) or, being a deputy returning officer, contravenes subsection 176(3) (failure to cross names off list of electors) with the intention of causing the reception of a vote that
should not have been cast or the non-reception of a vote that should have been cast.
Offences under Part 11 (Special Voting Rules)
Strict liability offences — summary conviction
491. (1) Every returning officer who contravenes
section 275 (failure to take required measures
re special ballots) is guilty of an offence.
Offences requiring intent — summary conviction
(2) Every person who contravenes any of
paragraphs 281(a) to (f) (prohibited acts re
vote under special voting rules) is guilty of an offence.
Offences requiring intent — dual procedure
(3) Every person is guilty of an offence who
(a) being a deputy returning officer, contravenes
any of section 212, subsections 213(1)
and (4) and 214(1), section 257 and subsection
258(3) (failure to perform duties with
respect to receipt of vote) with the intention
of causing the reception of a vote that should
not have been cast or the non-reception of a
vote that should have been cast;
(b) being a special ballot officer, contravenes
any of subsections 267(1) and (2), section
268 and subsection 269(1) (failure to perform
duties re counting of the vote) with the intention
of causing the reception of a vote that
should not have been cast or the non-reception
of a vote that should have been cast;
(c) being a deputy returning officer or poll
clerk, contravenes subsection 276(1), being a
deputy returning officer, contravenes subsection
277(1), being a poll clerk, contravenes
subsection 277(2), being a deputy returning
officer, contravenes subsection 277(3), being
a deputy returning officer or poll clerk, contravenes
subsection 278(1) or (3) or, being
a deputy returning officer, contravenes subsection
279(1) (failure to perform duties re
counting of the vote) with the intention of
causing the reception of a vote that should
not have been cast or the non-reception of a
vote that should have been cast;
(d) contravenes paragraph 281(g) or (h)
(prohibited acts re special voting rules); or
(e) contravenes paragraph 282(a) or (b) (intimidation or inducement re vote under special voting rules).
Offences under Part 12 (Counting Votes)
Strict liability offences — summary conviction
492. (1) Every returning officer who contravenes
section 292 (failure to safeguard ballot
box) is guilty of an offence.
Offences requiring intent — dual procedure
(2) Every person is guilty of an offence who
(a) being a deputy returning officer, contravenes
any of sections 283 to 288 (failure to
perform duties re counting of the vote) with
the intention of causing the reception of a
vote that should not have been cast or the
non-reception of a vote that should have been
cast; or
(b) knowingly contravenes subsection 289(3)
(premature counting of votes cast at advance poll).
Offence under Part 13 (Validation of Results by the Returning Officer)
Offence requiring intent — summary conviction
493. Every person who wilfully contravenes
subsection 296(4) (failure to appear before
returning officer) is guilty of an offence.
Offences under Part 15 (Return of the Writ)
Offences requiring intent — dual procedure
494. Every returning officer is guilty of an
offence who wilfully contravenes
(a) subsection 313(1) (failure to declare
which answer to a referendum question
obtained the largest number of votes); or
(b) section 314 (failure to transmit referendum
documents).
Offences under Part 16 (Communications)
Strict liability offences — summary conviction
495. (1) Every person is guilty of an offence
who
(a) not applicable;
(b) contravenes subsection 326(1) or (2)
(failure to provide referendum survey information)
or, being a sponsor of a referendum
survey, contravenes subsection 326(3) (failure
to provide report on referendum survey
results); or
(c) contravenes section 327 (failure to indicate
survey not based on recognized statistical methods).
Offences requiring intent — summary conviction
(2) Every person is guilty of an offence who,
(a) being a landlord or a condominium corporation,
wilfully contravenes section 322 (prohibition
of referendum advertising posters on
residential premises); or
(b) contravenes section 325 (removal of referendum
advertising).
Offences requiring intent — summary conviction
(3) Every person who wilfully contravenes
section 331 (inducement by foreigners) is guilty
of an offence.
Offences requiring intent — fine only, summary conviction
(4) Every person is guilty of an offence who
(a) wilfully contravenes subsection 326(1)
or (2) (failure to provide referendum survey
information) or, being a sponsor of a referendum
survey, wilfully contravenes subsection
326(3) (failure to provide report on referendum
survey results);
(b) wilfully contravenes section 327 (failure
to indicate survey not based on recognized
statistical methods);
(c) wilfully contravenes subsection 328(2)
(transmission of referendum survey results
during blackout period);
(d) wilfully contravenes section 329 (premature
transmission of the referendum results); or
(e) wilfully contravenes subsection 330(1) or
(2) (foreign broadcasting);
(f) not applicable;
(g) not applicable;
(h) not applicable;
(i) not applicable;
(j) not applicable.
Offences requiring intent — dual procedure
(5) Every person is guilty of an offence who
contravenes
(a) not applicable;
(b) subsection 328(1) (causing transmission
of referendum survey results during blackout period).
Offences under Part 17 (Third Party Election Advertising)
496. Not applicable.
Offences under Part 18 (Finance)
497. Not applicable.
Offences under This Part (Enforcement)
Offence requiring intent — dual procedure
498. Every person who wilfully contravenes
subsection 479(4) (refusal to obey order to
leave polling place) is guilty of an offence.
Offence under Part 21 (General)
Strict liability offence — summary conviction
499. (1) Every person who contravenes subsection
548(1) (removal of posted referendum
documents) is guilty of an offence.
Offences requiring intent — dual procedure
(2) Every person is guilty of an offence who
(a) knowingly contravenes subsection 549(3)
(taking false oath) or 549(4) (compelling or inducing false oath);
(b) not applicable.
Punishment
500. Not applicable.
501. Not applicable.
Corrupt Practices
502. Not applicable.
Miscellaneous Provisions
503. Not applicable.
504. Not applicable.
505. Not applicable.
506. Not applicable.
507. Not applicable.
Evidence
508. In a prosecution for an offence under the
Referendum Act, the written statement of the
returning officer is, in the absence of evidence
to the contrary, sufficient evidence of the holding
of the referendum.
Commissioner of Canada Elections
Commissioner of Canada Elections
509. It shall be the duty of the Commissioner
of Canada Elections to ensure that the
Referendum Act is complied with and enforced.
Chief Electoral Officer to direct inquiry
510. If the Chief Electoral Officer believes
on reasonable grounds that a referendum officer
may have committed an offence against the
Referendum Act or that any person may have
committed an offence under section 488, paragraph
489(3)(g), section 493 and subsection
499(1), the Chief Electoral Officer shall direct
the Commissioner to make any inquiry that
appears to be called for in the circumstances and
the Commissioner shall proceed with the inquiry.
Director of Public Prosecutions may prosecute
511. (1) If the Commissioner believes on
reasonable grounds that an offence under
the Referendum Act has been committed, the
Commissioner may refer the matter to the
Director of Public Prosecutions who shall
decide whether to initiate a prosecution.
Information
(2) If the Director decides to initiate a
prosecution, the Director shall request the
Commissioner to cause an information in writing
and under oath or solemn declaration to be
laid before a justice, as defined in section 2 of
the Criminal Code.
Search and seizure
(3) For the purposes of section 487 of the
Criminal Code, any person charged by the
Commissioner with duties relating to the administration
or enforcement of the Referendum Act
is deemed to be a public officer.
Director's consent required
512. (1) No prosecution for an offence under
the Referendum Act may be instituted by a person
other than the Director of Public Prosecutions
without the Director's prior written consent.
Exception
(2) Subsection (1) does not apply to an offence
in relation to which a referendum officer has
taken measures under subsection 479(3).
Proof of consent
(3) Every document purporting to be the
Director's consent under subsection (1) is
deemed to be that consent unless it is called
into question by the Director or by someone
acting for the Director or for Her Majesty.
Commissioner may intervene
513. The Commissioner, where he or she
considers it to be in the public interest, may
take any measures, including incurring any
expenses, in relation to an inquiry, injunction
or compliance agreement under this Act or the
Referendum Act.
Limitation period
514. (1) A prosecution for an offence under
the Referendum Act may be instituted at any
time but not later than five years after the day
on which the Commissioner became aware of
the facts giving rise to the prosecution but, in
any case, not later than 10 years after the day
on which the offence was committed.
Exception
(2) Despite subsection (1), if a prosecution
cannot be instituted because the offender has
left the jurisdiction of the court, the prosecution
may be instituted within one year after the
offender's return.
Commissioner's certificate
(3) A document purporting to have been
issued by the Commissioner, certifying the day
on which the Commissioner became aware of
the facts giving rise to a prosecution, is admissible
in evidence without proof of the signature
or of the official character of the person
appearing to have signed the document and, in
the absence of any evidence to the contrary, is
proof of the matter asserted in it.
Allowance of costs
515. (1) Any court of criminal jurisdiction
before which a private prosecution is instituted
for an offence against the Referendum Act may
order payment by the defendant to the prosecutor
of such costs and expenses as appear to the
court to have been reasonably incurred in and
about the conduct of the prosecution.
Prior recognizance required
(2) A court shall not make an order under
subsection (1) unless the prosecutor, before or
on the laying of the information, enters into a
recognizance with two sufficient sureties, in the
amount of $500, and to the satisfaction of the
court, to conduct the prosecution with effect
and to pay the defendant's costs in case of
acquittal.
Costs of defendant
(3) In case of an information by a private
prosecutor for an offence against the
Referendum Act, if judgment is given for the
defendant, the defendant is entitled to recover
from the prosecutor the costs incurred by the
defendant by reason of the proceedings, which
costs shall be taxed by the proper officer of the
court in which the judgment is given.
Injunctions
Application for injunction
516. (1) If the Commissioner has reasonable
grounds to believe that a person has committed,
is about to commit or is likely to commit an act
or omission that is contrary to the Referendum
Act, the Commissioner may, during a referendum
period, after taking into account the nature
and seriousness of the act or omission, the need to ensure fairness of the referendum process and
the public interest, apply to a competent court
described in subsection 525(1) of the Canada
Elections Act for an injunction described in subsection (2).
Injunction
(2) If the court, on application by the
Commissioner under subsection (1), is satisfied
that there are reasonable grounds to believe
that a person has committed, is about to commit
or is likely to commit an act or omission that
is contrary to the Referendum Act, and that the
nature and seriousness of the act or omission,
the need to ensure fairness of the referendum
process and the public interest justify the issuing
of an injunction, the court may issue an
injunction ordering any person named in the
application to do one or both of the following:
(a) refrain from committing any act that
it appears to the court is contrary to the
Referendum Act; and
(b) do any act that it appears to the court is
required by the Referendum Act.
Notice
(3) No injunction may be issued under subsection
(2) unless at least 48 hours notice is given
to each person named in the application or the
urgency of the situation is such that service of
notice would not be in the public interest.
Compliance Agreements
Compliance agreements
517. (1) Subject to subsection (7), if the
Commissioner believes on reasonable grounds
that a person has committed, is about to commit
or is likely to commit an act or omission
that could constitute an offence under the
Referendum Act, the Commissioner may enter
into a compliance agreement, aimed at ensuring
compliance with the Referendum Act, with that
person (in this section and sections 518 to 521
called the "contracting party").
Terms and conditions
(2) A compliance agreement may contain any
terms and conditions that the Commissioner
considers necessary to ensure compliance with
the Referendum Act.
Obligations of Commissioner
(3) Before entering into a compliance agreement,
the Commissioner shall
(a) advise the prospective contracting party of
the right to be represented by counsel and give
him or her an opportunity to obtain counsel; and
(b) obtain the consent of the prospective contracting
party to the publication of the agreement under section 521.
Admission of responsibility
(4) A compliance agreement may include a
statement by the contracting party in which he
or she admits responsibility for the act or omission
that constitutes the offence.
Inadmissible in evidence
(5) The fact that a compliance agreement
was entered into, and any statement referred to
in subsection (4), is not admissible in evidence
against the contracting party in any civil or
criminal proceedings.
Effect of compliance agreement — no referral
(6) If a matter has not yet been referred to the
Director of Public Prosecutions when a compliance
agreement is entered into, no such referral
may be made for an act or omission that led to
the agreement unless there is non-compliance
with it.
Matter that has been referred
(7) If a matter has already been referred to
the Director of Public Prosecutions, whether
or not a prosecution has been initiated, the
Director may — if, after consultation with the
Commissioner, the Director considers that a
compliance agreement would better serve the
public interest — remit the matter back to the
Commissioner so that it may be so dealt with.
Effect of compliance agreement
(8) When a compliance agreement is entered
into, any prosecution of the contracting party
for an act or omission that led to it is suspended
and, unless there is non-compliance with it, the
Director of Public Prosecutions may not institute
such a prosecution.
Renegotiation
(9) The Commissioner and the contracting
party may renegotiate the terms of the
compliance agreement at the request of the
Commissioner or contracting party at any time
before it is fully executed.
Copy to be provided
(10) The Commissioner shall provide the
contracting party with a copy of a compliance
agreement, without delay after it is entered into
or renegotiated under subsection (9). If the matter
has been referred to the Director of Public
Prosecutions, the Commissioner shall also provide
a copy of the compliance agreement to the
Director.
If agreement complied with
518. (1) If the Commissioner is of the opinion
that the compliance agreement has been
complied with, the Commissioner shall cause
a notice to that effect to be served on the contracting
party. If the matter has been referred
to the Director of Public Prosecutions, the
Commissioner shall also provide a copy of the
notice to the Director.
Effect of notice
(2) Service of the notice terminates any prosecution
of the contracting party that is based on
the act or omission in question and prevents the Commissioner from referring the matter to the
Director of Public Prosecutions and the Director
from instituting such a prosecution.
If agreement not complied with
519. If the Commissioner is of the opinion that
a contracting party has not complied with a compliance
agreement, the Commissioner shall cause
a notice of default to be served on the contracting
party, informing him or her that, as the case may
be, the Commissioner may refer the matter to the
Director of Public Prosecutions for any action
the Director considers appropriate or, if a prosecution
was suspended by virtue of subsection
517(8), it may be resumed. If the matter has been
referred to the Director of Public Prosecutions,
the Commissioner shall also provide a copy of
the notice to the Director.
Dismissal of proceedings
520. The court shall dismiss proceedings
against a contracting party if it is satisfied on a
balance of probabilities that he or she has totally
complied with the compliance agreement or, in
the case of partial compliance and taking into
account the contracting party's performance
with respect to the agreement, is of the opinion
that the proceedings would be unfair.
Publication
521. The Commissioner shall publish, in the
manner and form that he or she considers appropriate,
a notice that sets out the contracting party's
name, the act or omission in question and a
summary of the compliance agreement.
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